Statute barred ? 6 Years nearly up

dippa

I have two defaults on my credit report, which are both coming to the 6th year.

I had an old contract phone, which got sold to Lowell. They send letters to my mothers address but I've never acknowledged them. Now I'm trying to clear up my credit score I see I owe them just over £750!

I've contacted them on the phone and played ignorant if I'm honest, they didn't have me on any address and found it hard to find me. Once they found me they explained what I owed, I didn't show any acknowledgement towards the debt or accepted it to be mine. They asked for my address, out of fear I gave them a different address and contact number, which I regret now.

I have no record or recollection on my last payment to the phone company, but Lowell told me it was in May 2011. It got sold to Lowell on the 25th Dec 2011 and on my Credit score it says default is 25 Dec 2011.

So when will this be statute barred ?
Should I contact them with a prove it letter ?

I hope phoning them hasn't made things worse for me. The last thing I want is to gain a CCJ, will they push towards this closer to the 6 year ending ?

Any help is appreciated

National_Debtline

Hi Dippa,


It can be tricky but the 6 year clock under the statute of limitations is different to the 6 year rule of your credit file.


So, on your credit file it will show for 6 years from the date of default whether it is statute barred or not, and whether it is paid or not.


As far as the limitations act is concerned, a phone is not classed as an acknowledgement. The 6 year clock starts from when the first payment was due and missed or from when the last payment was made or from when the last written acknowledgement was made - whichever is the later. When Lowell bought the debt is irrelevant.




Laura
@natdebtline

dippa

@Shashy, I didn't feel it was necessary for me to explain the reason behind my debt here because it wouldn't help with my situation now. The debt occurred when the original company added several charges to my bill, which shouldn't have been there. They were charging me for phone usage when the phone wasn't evan in use! I tried explaining this to them at the time and nothing was done. Next thing I knew, the contract was exterminated and my debt was sold on!

I tried explaining this to Lowell at the time, did they care ? NO!


@Laura, thank you for your reply. Good to know that the phone call is not classed as an acknowledgment.

If it's when the first payment was due and missed then the 6 year period is up, Would I need to send them a prove it letter ?

Can they still try and take me to court ?

Thank you

sourcrates

Not provit letter no.

Look on National Debtlines website under sample letters.

You want the "time run out for collection" sample letter (statute barred).

Send that to them.

dippa

sourcrates wrote: »

Not provit letter no.

Look on National Debtlines website under sample letters.

You want the "time run out for collection" sample letter (statute barred).

Send that to them.

Thank you, just looking now at the letter now. If it hasn't gone past the 6 year, and it's not statute barred, will this letter reset it at all ?

Thank you

sourcrates

dippa wrote: »

Thank you, just looking now at the letter now. If it hasn't gone past the 6 year, and it's not statute barred, will this letter reset it at all ?

Thank you

You need to be accurate with your timescales yes.

You could wait, if they attempted to take court action in the future, statute barred is a full defence to that action.

The onus is on them to prove it's not SB, not on you to prove it is.

MrsTinks

If they think they can get a hold of you though they may be more likely to pursue the CCJ route - so do make sure you are vigilant about getting any letters sent to your mums address. I'd say it's 50/50 on if they will use that or the fake address you gave them for the purpose of a CCJ - if they use the fake one then you need to keep an eye on your credit files for a while.

I don't condone the using of fake addresses - it doesn't help anything. Simply just refuse to give it to them.

Do however NOT ignore any forms relating to a CCJ - if you get one of these then come on here and post what it says.

I don't know if there is much point in trying to argue with the old mobile company about what charges are valid or not at this point but if it comes to it you may want to revisit that should they start the CCJ route.

dieselv2

The lowell website is awesome now. You can set up your own repayments. I pay £10/month on a £1,414 balance which will take 11.8years to clear at that rate.

dippa

Thanks everyone for your advice and help, it is greatly appreciated.

MrsTinks wrote: »

If they think they can get a hold of you though they may be more likely to pursue the CCJ route - so do make sure you are vigilant about getting any letters sent to your mums address. I'd say it's 50/50 on if they will use that or the fake address you gave them for the purpose of a CCJ - if they use the fake one then you need to keep an eye on your credit files for a while.

I don't condone the using of fake addresses - it doesn't help anything. Simply just refuse to give it to them.

Do however NOT ignore any forms relating to a CCJ - if you get one of these then come on here and post what it says.

I don't know if there is much point in trying to argue with the old mobile company about what charges are valid or not at this point but if it comes to it you may want to revisit that should they start the CCJ route.

Thanks MrsTinks for your reply. I know I should not have used a fake address, I've kicked myself since but I felt pressured at the time. Am I best to contact them and give them the correct address? Because the last thing I want is them sending letters regarding a CCJ but me being unable to receive them.

After taking a further look on my credit file I can see they have not updated the default since 02/11/2014. I've also worked out when I last paid anything towards this bill and it works out to be May 2011, so I assume that this debt is not 'statute barred' as of yet ?

I've paid my other default without a problem, but I'm really trying to avoid paying this debt because I wasn't at fault, but the last thing I want now is a CCJ.

How close to the SB cut off date do they usually leave it, before taking it to court ?

National_Debtline

Hello again,


Unfortunately, the creditor can leave it until the very last minute to start court action and if you last made a payment to this debt in May 2011 the date of the 'cause of action' could be difficult to confirm. As I mentioned before, the 6 year clock starts from when the last payment was made (which may be May 2011 from what you have described) or from when the first payment was due and missed (that could be June 2011) or from when the last written acknowledgement was made - whichever is the later.


You can try and make a payment plan but that wouldn't stop Lowell have the ability of going through the county court. Or you can wait and see if they send court papers in the next few months, and if they do, you will have to deal with them. It is a gamble, especially if you want to avoid a CCJ, but if the full debt was paid within 1 month of the judgment then it wouldn't be recorded on your credit file.


It is a very difficult situation but I think you are going to need to update them with your correct address, or at the very least monitor the post at the address you gave them otherwise there is a risk of missing court papers in this situation. Good luck,


Laura
@natdebtline